Under
rules approved this week,
banks and other financial
institutions will be
required to inform customers
if their private information
has been obtained by
hackers or identity thieves
and is likely to be misused.
Under
the new regulations,
breaches of private
information must
be reported to the
people affected if
the financial institution
determines that data
have been, or could
be, illicitly used.
These rules take
effect immediately
for federal and state-chartered
banks, and savings
and loans.
The
rules come at a time
of public fears about
identity theft. In
the past several
weeks, two large
information brokerage
firms had breaches
resulting in records
on nearly 175,000
consumers falling
into the hands of
identity thieves.
The new rules, however,
do not apply to such
firms, or to credit
unions or credit-reporting
agencies.
The
rules cover thousands
of financial institutions
regulated by four
agencies that coordinated
their rulemaking:
the Federal Deposit
Insurance Corp.,
the Federal Reserve,
the Office of the
Comptroller of the
Currency and the
Office of Thrift
Supervision.
That
would include institutions
such as Bank of America
Corp., which disclosed
recently that it
had lost computer
tapes that contained
financial data on
over 1.2 million
federal workers,
including members
of Congress.
Under
the new rules, which
are part of several
measures implemented
since the passage
of a banking modernization
law in 1999, financial
institutions must
immediately report
security breaches
to their regulators
and to law enforcement
agencies.
However,
the disclosure to
consumers has an
exception. After
industry lobbying,
the rules were modified
to allow an institution
to investigate whether
a breach would be
likely to result
in misuse of the
data. If the institution
determines that misuse
is unlikely, then
it need not report
the breach to its
customers.
Financial-services
firms were concerned
that they might be
burdened by expensive
reporting requirements
and could subject
consumers to needless
worry if systems
were breached but
the data had not
been taken by identity
thieves.
Some
privacy advocates
fear that allowing
institutions to make
the decision whether
a threat to consumers
exists could diminish
their incentive to
improve security.
"If
people are doing
a good job [of security],
there should be no
notices" of breaches, said Deirdre K. Mulligan, director of the Samuelson Law, Technology & Public Policy Clinic at the University of California at Berkeley.
Ms.
Mulligan said data
could be compromised
in ways not apparent
to the companies
that have been breached.
Security
breaches have been
publicized by several
organizations whose
systems were compromised,
but computer-security
experts say many
more are not because
companies do not
want customers to
be worried that their
systems are vulnerable.
Until recently, the
only requirement
that consumers were
to be told that their
data might have been
stolen is a California
law that forces notification
by any company having
customers in the
state. But the recent
breaches have prompted
several members of
Congress, the head
of the Federal Trade
Commission and some
industry groups to
call for national
notification legislation.
A
spokesman for the
National Credit Union
Administration said
he expects that notification
guidelines will be
developed in the
next few months.
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